demystifying the courthouse
TRANSCRIPT
DEMYSTIFYING THE COURTHOUSE
Tips for covering civil and criminal trials
Texas Center for Community Journalism workshop
May 26, 2011
Linda P. Campbell
THE IDEAL
http://www.americanrhetoric.com/MovieSpeeches/moviespeechtokillamockingbird.html
http://www.youtube.com/watch?v=k8TgqenWW0I
THE REALITYMost lawyers aren’t Atticus Finch
Most cases don’t have chiffarobe moments
Trials are dramas in three acts
BASIC TRUTHSCourt clerks and coordinators are your best friends
Read everything in the court file
CRIMINAL CASES• Try to do research well before trial
• Read the file
• Watch for pretrial hearings
PUBLIC ACCESS
Trials are public assemblies and presumed open
Very limited portions, such as a rape victim’s testimony, can be closed for good reason.
Court records are presumed open, though they aren’t subject to the Texas Public Information Act.
Judges must have compelling reasons to issue gag orders
BEFORE TRIAL
Pretrial hearings could determine;Whether a confession is admissible
Whether controversial testimony is excluded
Whether some charges are dropped
Whether a juvenile is tried as an adult
Whether a trial will be moved or delayed, parts might be closed or parties will be gagged
JURY SELECTION
Lawyers lay out the case
Chance to find out jurors’ names, occupations, etc. – Ask for juror cards
Ask judge for jury questionnaire, if used
Jurors can’t be excluded for reasons of race, gender or religion
DO NOT try to contact jurors before trial ends
OPENING STATEMENTS
Lawyers for both sides lay out their view of the case, what they plan to present to the jury, what they expect the evidence to show
Take note of key elements. Try to keep track during the trial to see if they present what they said they would, or if key pieces are missing.
EVIDENCE/WITNESSES
Ask lawyers beforehand or during breaks about witness lineup so you’ll know when key elements are expected.
If you want to look at exhibits, ask judge during breaks or at the end of the day.
Ask lawyers for copies of new documents/motions filed during the trial
SIFTING THE EVIDENCE
What testimony pointed to the defendants guilt?
What evidence created reasonable doubt?
What testimony drew visible juror reactions
What was not presented that lawyers said would be?
Whose testimony was called into question effectively?
BURDEN OF PROOF
Prosecution bears the burden of proof
Defense doesn’t have to present witnesses or evidence, just persuade jurors that prosecution haven’t proven its case beyond a reasonable doubt
Defendant doesn’t have to testify. That is not to be taken as proof of anything, positive or negative.
CLOSING STATEMENTS
Listen to see whether lawyers make same key points as opening, and whether they proved those
points
JURY DELIBERATIONS/VERDICT
If you can’t hang around for the jury, ask lawyers or court clerk to alert you when the jury finishes
There’s usually a short time before the verdict is formally announced
Watch for victim impact statements
Jurors might talk afterward but don’t have to
Ask for verdict form
DEATH PENALTY CASES
After a guilt/innocence verdict, a separate sentencing hearing is held
FEDERAL CASES• After guilt/innocence verdict, judge sets a
sentencing date
• Sentencing is always by judge
CIVIL CASES• Read the file
• Talk to lawyers and parties before trial
PETITION/CASE FILINGS
Look for details in the Original Petition and and Amended Petitions
Defendants’ Answers usually are boilerplate
Look for depositions and answers to interrogatories, medical records, affidavits, financial records
Once trial has started, it’s harder to get access to case file
TRIAL PROCEEDINGS
Jury selection
Opening statements
Witnesses/testimony
Exhibits
Watch for amount of money at stake
Closing Statements
Jury deliberations
SIFTING THE EVIDENCE
What is the plaintiff’s key claim? How is he/she going to establish harm?
What records either prove or refute the claim?
Is there emotional testimony? How did jury react? How credible were the experts?
Are there definitive documents? Or is the case mostly based on perception/opinion?
Is there a money trail?
VERDICT
Standard of proof is preponderance of the evidence, i.e., more likely than not
Verdict can be 10-2, unlike criminal case, which must be unanimous
Ask for verdict form, which has questions jurors had to answer
Punitive damages require separate hearing
Civil jurors usually more willing to talk after
THE STORY LINE• Find the drama:
• Who was harmed?
• How much is the damage worth?
• Who can readers relate to and why?
FAMILY LAW CASES
• Divorce hearings often are open
• Look for dispute s over property and children
• Watch for judges’ demeanor, sensitivity
APPEALS
Trial wins could be meaningless if tossed out on appeal, either at the intermediate appeal court or high court
Death penalty appeals are mandatory and go straight to Texas Court of Criminal Appeals
In civil context, an appeals court might uphold the jury verdict but reduce damage award